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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#51

Post by hakcermani »

proberts wrote: post #22
d33wp41n wrote: post #10

Hi Peter! I had a question about H1-B visas. I was approved for a H1-B in the April, 2014 lottery and received my I-797 approval notice. But I never activated it since I changed jobs to work for an international organization under the G-4 visa in September, 2014. I'm now looking to go back onto the H1-B visa with a new employer. Would I need to go back and ask my new employer to apply for my H1-B in the lottery again…

As a general rule, USCIS's position is that you would need to go into the lottery again.

Thanks Peter. Would it be even worth applying for a transfer, and take a chance ?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#52

Post by arikr »

If a HN reader wanted to dedicate a few years of their life to making USCIS more friendly to immigrants - particularly to making the border agents focused on user experience and making people feel welcome even if they have issues with their Visa or similar things - how would one go about this?

I suppose the question is - who is the person who decides all of this stuff and has the authority to update the staff?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#53

Post by gaurav_garg_ »

Hi peter,

Thanks for your AMA, I have one question. I am currently software professional in IT company in Germany. I have few plans for opening startup. After getting funding from US investor how much time it take to get O-1 VISA. What is major requirement for getting O-1 visa.

What if my startup fail. Can i continue to work in any other company like startup/MNC ?

Thanks in advance :)

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#54

Post by gaurav_garg_ »

Hi peter,

Thanks for your AMA, I have one question. I am currently software professional in IT company in Germany. I have few plans for opening startup. After getting funding from US investor how much time it take to get O-1 VISA. What is major requirement for getting O-1 visa.

What if my startup fail. Can i continue to work in any other company like startup/MNC in USA ? will O-1 visa convert to H-1 or any other visa for getting allow to work in USA.

Thanks in advance :)

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#55

Post by proberts »

Vepe wrote: post #42

I'm a photography artist and have recently become also a tech start-up entrepreneur. We're now looking into moving into the US within the next year or so and I'm looking into the visa options. What would be the visa to apply as an start-up entrepeneur? I have also considered applying for the O-1 visa as an artist. Can I work as an artist if I have received my visa on the basis of the start-up and vice versa can I wor…

You might have multiple options such as an E-2 and an O-1 or even EB1A green card. Regarding your job flexibility, this will depend on the facts, how your job duties are defined, because you are broadly limited to doing what is represented in the O-1 petition.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#56

Post by arikr »

I feel unwelcome and uncomfortable when I enter the US on a Visa. The things I've seen border agents say make me feel like many border agents would love to find an excuse to deny anyone entry.

Is there any solution to this, or do I just need to accept that it's a part of it?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#57

Post by throwawayl1visa »

proberts wrote: post #47
throwawayl1visa wrote: post #45

Hi Peter, I'm working with a L1B visa in US right now and will get an H1B approved soon. My employer filed H1B for me and will hold it for a couple of years without activating it until my L1B visa expires. The company is doing this so that I cannot change job. If I get an offer from a startup or Google will they be able to activate my H1B somehow?

That doesn't sound right but it's likely that USCIS will consider you as subject to the lottery again because you never activated the H-1B.

Thank you Peter. If I go through the lottery again I may have 35% chance to get a new H1B and use it after Oct. 2018. Many companies wanted to hire me could not wait till then. I'm considering to get legal help to activate the H1B I'm going to get very soon.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#58

Post by proberts »

arikr wrote: post #52

If a HN reader wanted to dedicate a few years of their life to making USCIS more friendly to immigrants - particularly to making the border agents focused on user experience and making people feel welcome even if they have issues with their Visa or similar things - how would one go about this? I suppose the question is - who is the person who decides all of this stuff and has the authority to update the staff?

In fairness to CBP, not all is aboveboard and rosy at the border but at the end of the day, it's individual officers and their supervisors who make decisions regarding admissibility although they are guided of course by the overall directive from DHS and the administration.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#60

Post by wxc123 »

Hi Peter!

I am an software engineer in a French startup that will be participating in an accelerator in the US for a couple of months.

I am from an african country so I need a visa to travel to the US. Also, I am en employee, not a co-founder, and I don't have any shares or stock in the company. Also, I will continue being employed and paid by the French company.

What visa should I apply for ?

I did a lot of research and I think I should apply for a B1 visa. But since it is not supposed to cover "productive work", I am not sure 100%.

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